IN THE CASE OF: BOARD DATE: 20 January 2022 DOCKET NUMBER: AR20210007239 APPLICANT REQUESTS: correction of her record to show she was awarded constructive service credit for her prior civilian employment. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) (Signature Page) * Self-Authored Statement * DA Form 5074-1-4 (Record of Award of Entry Grade Credit (Health Services Officers) FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states she is a clinical social worker working as a behavioral health officer in the Army. She was a direct commissioned officer who received constructive service credit for her graduate degree, but not her prior service employment of approximately 2 years. a. A behavioral health officer is licensed to practice at the independent level and is a credentialed provider. She would not be able to perform her duties as a credentialed provider without her 2 years of experience. It appears that making determinations of constructive service credit awards may not fully comprehend the importance of this time and necessity from a clinical standpoint. b. Clinical psychologists who directly commission receive constructive credit for the equivalent of the time referenced above, between graduate level education and full licensure to practice at the independent level. For psychology, the time referenced is referred to as “residency,” i.e., the supervised clinical hours needed to obtain full licensure. c. The final feedback she received is that credit for these 2 years of work is not supported. No other input was received. She assumes this means credit is not supported by the interpretation of existing policy, but it is her position that the policy is being misinterpreted. If it is not, it is her position that it needs to be amended so that constructive credit is awarded for the stated work experience. She notes that officers participating in the Social Work Internship Program complete their supervised practice on active duty, thereby receiving day-for-day credit for the internship they complete prior to becoming fully licensed, which places a direct-commission LCSW who did this work prior to entering military service at a disadvantage. 3. The applicant earned her Bachelor of Arts in Social Work on 9 May 2015. 4. She was appointed as a Reserve commissioned officer in the medical services area of concentration (AOC) on 4 June 2020. She entered active duty on 22 June 2020. 5. Her record contains a DA Form 5074-1-R, dated 22 June 2020, which shows she was awarded 2 years, 8 months, and 25 days of entry grade constructive credit (2 years for basic qualifying degree (Master's degree in Social Work) and 8 months and 25 days for professional experience from 22 August 2018 to 11 February 2020). This qualified her as a first lieutenant (1LT)/O-2, with a date of rank as 27 March 2019. 6. The applicant provides a corrected copy of DA Form 5074-1-R, also dated 22 June 2020, which shows she was awarded 2 years and 11 months of constructive credit (2 years for basic qualifying degree and 11 months for professional experience from 22 August 2018 to 21 June 2020). This qualified her as a 1LT/O-2, with a date of rank as 22 December 2018. 7. On 4 December 2020, the applicant completed the Army Medical Department (AMEDD) Basic Officer Leader Course Common Core in the AOC 73A (Social Worker). 8. An administrative entry was received in the processing of this case from the U.S. Army Human Resources Command (HRC). The entry states the U.S. Army Recruiting Command (USAREC) was the procurement office responsible for accessing and, most importantly, determining the officer’s entry grade credit. HRC assisted the officer in addressing her entry grade credit with USAREC, which did not award her the requested credit. USAREC’s denial constituted the required exhaustion of administrative remedies to enable the applicant to file her petition for assistance with the ABCMR. 9. On 2 December 2021, the applicant was provided with a copy of this administrative correspondence for acknowledgement and/or rebuttal. She did not respond. 10. By regulation, grade and date of rank upon original appointment and assignment to an AMEDD branch will be determined by the number of years of entry grade credit awarded. Entry grade credit granted will be the sum of constructive service credit and credit for prior active commissioned service. Entry grade credit awarded to AMEDD officers upon appointment or assignment will be recorded on a DA Form 5074-R. Constructive service credit will be awarded as follows: * basic qualifying degree (MD, DO, DDS, or DMD) – 4 years * credit for successful completion of internship or first-year graduate medical education, which is approved by American Medical Association is the functional equivalent of an internship – 1 year * credit for GPE, successful completion of approved postgraduate education in dentistry, successful completion of postgraduate education in specialty in which assigned and creditable toward certification – 1 year for each year * credit for additional advanced degrees – 1 year for each year limited by level of degree * full-time experience not otherwise credited as a practicing physician, osteopath, or dentist after qualifying degree – ˝ year for each year of experience, up to a maximum of 3 years * Additional credit in unusual cases based on special education of professional experience in the specialty in which assigned when experience is accrued after qualifying degree and licensure, if applicable. Unusual case determination will be made by The Surgeon General or designee. 11. Department of Defense Instruction 6000.13 (Accession and Retention Policies, Programs, and Incentives for Military Health Professions Officers) provides instructions for calculating entry grade credit for health professions officers. It states, in pertinent part, day-for-day credit will be granted for the successful completion of post- baccalaureate internship, residency, fellowship, or equivalent graduate, medical, dental, or other formal health professions training required by the Military Department concerned. This credit may not exceed 1 year unless such graduate-level training or experience in excess of 1 year is required for certification in a specialty required by the Military Department concerned, in which case the additional day-for-day credit will be granted for the period required for certification. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is warranted. 2. The Board found that the applicant's argument regarding the need to have two years of supervised professional experience prior to becoming fully licensed has merit when considered against the provisions of Department of Defense Instruction 6000.13. The Board determined she should receive additional constructive service credit on a day for day basis for her professional experience prior to becoming fully licensed. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :GT :RS :AG GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing she received an additional constructive service credit on a day for day basis for her professional experience prior to becoming fully licensed. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: 1. Title 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department (AMEDD) Branches), currently in effect, provides eligibility requirements and processing procedures for the appointment of AMEDD officers with or without concurrent call to active duty. a. Paragraph 3-1 (Entry Grade Credit for Reserve Appointment Grade Determination) states grade and date of rank upon original appointment and assignment to an AMEDD branch will be determined by the number of years of entry grade credit awarded. Entry grade credit granted will be the sum of constructive service credit and credit for prior active commissioned service. Entry grade credit awarded to AMEDD officers upon-appointment or assignment will be recorded on a DA Form 5074-R. b. Table 3-1 (Constructive Service Credit) outlines the equivalency requirements for service credit to be awarded. * basic qualifying degree (MD, DO, DDS, or DMD) – 4 years * credit for successful completion of internship or first-year graduate medical education, which is approved by American Medical Association is the functional equivalent of an internship – 1 year * credit for GPE, successful completion of approved postgraduate education in dentistry, successful completion of postgraduate education in specialty in which assigned and creditable toward certification – 1 year for each year * credit for additional advanced degrees – year * full-time experience not otherwise credited as a practicing physician, osteopath, or dentist after qualifying degree – ˝ year for each year of experience, up to a maximum of 3 years * Additional credit in unusual cases based on special education of professional experience in the specialty in which assigned when experience is accrued after qualifying degree and licensure, if applicable. Unusual case determination will be made by The Surgeon General or designee. 3. Department of Defense Instruction 6000.13 provides instructions for calculating entry grade credit for health professions officers. It states, in pertinent part, day-for-day credit will be granted for the successful completion of post-baccalaureate internship, residency, fellowship, or equivalent graduate, medical, dental, or other formal health professions training required by the Military Department concerned. This credit may not exceed 1 year unless such graduate-level training or experience in excess of 1 year is required for certification in a specialty required by the Military Department concerned, in which case the additional day-for-day credit will be granted for the period required for certification. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210007239 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1